SUPREME COURT: EGG SHELL SKULL RULE CAN BE APPLIED ONLY WHEN PATIENT HAD PRE-EXISTING CONDITIONS MEDICAL NEGLIGENCE

The Supreme Court in the case Jyoti Devi Versus Suket Hospital And Ors observed that the compensation was wrongly reduced by applying 'Eggshell Skull Rule', the court enhanced the compensation amount is to be paid to a patient from Rs. 2 Lakhs to Rs. 5 Lakhs after recording that she was suffering persistently post-surgery due to deficiency in service by the doctor.

The bench comprising of Justice Sanjay Karol and Justice Aravind Kumar in the case observed and has stated that how could such compensation which amount to an amount of Rs 2 lakhs be justified, after observations having been made with regards to the service rendered by the Hospital, being deficient, and the continuous pain and suffering on the part of the claimant-appellant, is something we fail to comprehend.

Therefore, compensation by its very nature, has to be just.

Thus, for suffering, no part of which was the claimantappellant's own fault, she has been awarded a sum which can, at best, be described as 'paltry'.

The present case relates to the claim of compensation from the doctor on the grounds of deficiency of service whereby post-surgery, the appellant or patient suffered continuous pain near the surgical site and was being discharged the next day with the assurance that no further pain would be suffered by her.

The in the case court stated that since there being no improvement in her condition, the patient eventually landed up for treatment at the Post Graduate Institute of Medical Science, Chandigarh, where after diagnosis it was being found that a 2.5 cm needle was near the surgical site which required immediate removal.

However, the appellant lodged a consumer complaint for a claim of compensation which amounts to Rs.